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Patna High Court

Raj Kumar PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order denying bail is set aside and the appellant is granted bail.

Summary

Raj Kumar Prasad appealed against the order of the Exclusive Special Judge, SC/ST, Gaya, which had denied him bail in a case (Kotwali P.S. Case No. 433 of 2025) involving alleged assaults with a khanti, knife and danda, and caste-based abuse. The prosecution alleged that the appellant, a railway contractor, assaulted the victim and his relatives, causing serious injuries, and that a group of 10‑20 persons were involved. The appellant contended that he was falsely implicated, argued that it was implausible for one person to possess and use three different weapons, and that the injuries were caused by blunt objects, not the alleged weapons, further claiming the caste abuse was not in public view. After hearing both sides, the Patna High Court found the allegations insufficient to justify continued denial of bail, set aside the lower court’s order, and granted bail on a bond of Rs.10,000 with two sureties. The appellant was ordered to be released on bail pending trial.

Issues considered

  • Whether the appellant is entitled to bail despite allegations of assault with multiple weapons and caste-based abuse.
  • Whether the evidence presented establishes a prima facie case sufficient to deny bail under the cited provisions.
  • Whether the alleged caste abuse, not being in public view, affects the applicability of the SC/ST (POA) Act.

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 352

Subjects

  • bail
  • assault
  • caste violence
  • SC/ST (Prevention of Atrocities) Act
  • criminal procedure
  • evidentiary standards

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5107 of 2025
                    Arising Out of PS. Case No.-433 Year-2025 Thana- GAYA KOTWALI District- Gaya
                 ======================================================
                 Raj Kumar Prasad, Son of Bhola Mahto, R/o Mohalla - Nagmatiya Road, P.S.
                 - Civil Line, Dist. - Gaya.

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Ganesh Choudhari, S/o Late Shankar Choudhary, R/o Village - Kharkhur,
                 Gumti No. 64, P.S.- Delha, Dist. - Gaya ji

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Ms. Vijeta Kumari, Advocate
                 For the State          :        Ms. Usha Kumari 1, Spl. P.P.
                 For the respondent     :        Mr. Brijmohan Das, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   02-04-2026                    Heard learned counsel for the appellant, learned

                   counsel for the respondent and learned Special Public

                   Prosecutor for the State.

                                2. The instant appeal has been filed by the appellant

                   against the order dated 29.10.2025 passed by learned Exclusive

                   Special Judge, SC/ST, Gaya Ji whereby the prayer for bail of the

                   appellant in connection with Kotwali P.S. Case No. 433 of 2025

                   under Sections 126(2), 115(2), 109 and 352 of B.N.S. and

                   Sections 3(2)(v), 3(1)(r) and 3(1)(s) of SC/ST (POA) Act was

                   rejected.

                                3. The case of the respondent, in short, is that while

                   the respondent was going to railway office on the occasion of
Patna High Court CR. APP (SJ) No.5107 of 2025(3) dt.02-04-2026
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          Vishwakarma Puja, meanwhile the appellant who is a contractor

          of railway Gumti is engaged in illegal collection from the

          vendors arrived inebriated condition and started assaulting and

          abusing by caste name. It is specifically alleged that appellant

          assaulted the respondent with khanti on left hand and head and

          also assaulted the brother of the victim with knife causing

          serious neck injury. It is further alleged that the appellant also

          assaulted the brother-in-law of the victim with danda. It is

          further alleged that altogether there were 10-20 unknown

          persons with the appellant.

                       4. It is submitted by learned counsel for the appellant

          that appellant is innocent and he has been falsely implicated in

          this case. The main thrust of allegation is against the appellant.

          It is alleged that once he has assaulted with khanti. After that, he

          has assaulted with knife and after that he has assaulted with

          danda. Learned counsel for the appellant has submitted that it is

          highly improbable that a person will be having three weapons

          and will use the same one by one. It has further been submitted

          that from perusal of the injury report of all the three injured

          persons, it is clear that they have received simple injury caused

          by hard and blunt object. It has further been submitted that the

          appellant has been framed in this case only with a view to
             Patna High Court CR. APP (SJ) No.5107 of 2025(3) dt.02-04-2026
                                                          3/3




                       malice him. As far as the allegation against the appellant

                       regarding abusing with caste name is concerned, it was not in

                       public view. The appellant is languishing in judicial custody

                       since 17.09.2025.

                                    5. The appeal for bail is vehemently opposed by

                       learned Spl. P.P. for the State and learned counsel for the

                       respondent. Learned counsel for the respondent has stated that

                       the appellant has assaulted on the head of the respondent which

                       is vital part of the body.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to allow this appeal. Accordingly, the appeal is allowed

                       and the impugned order dated 29.10.2025 passed in connection

                       with Kotwali P.S. Case No. 433 of 2025 is hereby set aside.

                                    7. The appellant is directed to be enlarged on bail in

                       connection with Kotwali P.S. Case No. 433 of 2025 on

                       furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

                       with two sureties of the like amount each to the satisfaction of

                       the learned learned Exclusive Special Judge, SC/ST, Gaya Ji.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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